Corpserv Utilities Pty Ltd Summary

[2022] FWCA 3184

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Corpserv Utilities Pty Ltd

(AG2022/3558)

Corpserv Utilities Pty Ltd Endeavour Group Venue Enterprise Agreement 2022

Security services
COMMISSIONER MATHESON	SYDNEY, 13 SEPTEMBER 2022

Application for approval of the Corpserv Utilities Pty Ltd Endeavour Group Venue Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Corpserv Utilities Pty Ltd Endeavour Group Venue Enterprise Agreement 2022 (Agreement). The application was made by Corpserv Utilities Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2022. The nominal expiry date of the Agreement is 13 September 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission, under the Fair Work Act 2009, received an application from Corpserv Utilities Pty Ltd for the approval of the Corpserv Utilities Pty Ltd Endeavour Group Venue Enterprise Agreement 2022. The Applicant, being the employer covered by the agreement, provided written undertakings. The Commission was tasked with determining whether the Agreement met the necessary requirements under the Act, and if the undertakings were likely to cause financial detriment to employees or result in substantial changes to the agreement.

The legal issues at hand involved verifying whether the Agreement fulfilled the criteria stipulated in sections 186, 187, 188 and 190 of the Fair Work Act 2009. Additionally, the Commission had to assess the effect of the written undertakings provided by the Applicant, ensuring that they would not lead to financial harm for the employees or significant alterations to the agreement.

Upon review of the materials presented, the Commissioner found that the Agreement satisfied all the requirements of the Act. Furthermore, the Commissioner accepted the written undertakings, concluding that they would not likely cause financial detriment to the employees or result in substantial changes to the agreement. Therefore, the Commissioner approved the Agreement, which will take effect from 20 September 2022, with a nominal expiry date of 13 September 2026.

Corpserv Utilities Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established